Chapter 01- Introductory Provisions

Sections:

               01.010     Purpose and Intent.

               01.020     Authority for Regulations.

               01.030     Application and Scope.

               01.040     Interpretation.

      01.041     Minor Variance by Director.

               01.050     Restrictions.

               01.060     Land Use Designations.

               01.070     Restriction on Issuance of Permits

01.010     Purpose and Intent.

1. The purpose of the Mono County Land Development Regulations is to regulate development as allowed by Government Code 65850, including the following:
   1. The use of buildings, structures, and land as between industry, business, residences, and open-space uses;
   2. Signs and billboards;
   3. The location, height, bulk, number of stories, and size of buildings and structures;
   4. The size and use of lots, yards, and other open spaces;
   5. The percentage of a lot that may be occupied by impervious surfaces;
   6. The intensity of land use;
   7. Requirements for off-street parking and loading; and
   8. Establishment and maintenance of setback lines.
2. These regulations are deemed necessary in order to implement the county General Plan as summarized in the following objective:

Accommodate future growth in a manner that preserves and protects the area's scenic, agricultural, natural and recreational resources and that is consistent with the capacities of public facilities and services.

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01.020     Authority for Regulations.

The Mono County Land Development Regulations are adopted pursuant to the State Planning and Zoning Law, Division 1 of Title 7 of the California Government Code (commencing with Section 65000), and other applicable state and federal laws.

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01.030     Application and Scope.

Except where preempted by applicable state or federal laws, these regulations (along with other applicable provisions of this General Plan, including but not limited to the Land Use Maps incorporated herein, see https://monomammoth.maps.arcgis.com) shall apply to all land in the unincorporated area of the county. Such land may only be developed or otherwise used in a manner consistent and compliant with these regulations and any other applicable provisions of this General Plan.

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01.040     Interpretation.

Unless otherwise provided, any ambiguity concerning the content or application of the Land Development Regulations shall be resolved by the Planning Commission (see Section 3.030, Interpretation of "Similar Uses") or, on appeal therefrom, by the Board of Supervisors.

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01.041 Minor Variance by Director.

In certain cases, the Director may grant a reduction of up to 10% in any given Land Development Standard. In order to grant this reduction, the Director must find:

1. Because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the standard deprives such property of privileges enjoyed by other property in the vicinity and under the same land use designation;
2. The proposed reduction remains
3. The proposed reduction will not create undue hardship on adjacent properties;
4. There is no other practical means of achieving compliance with the standard;
5. The reduction does not conflict with any other laws or plans; and
6. The project must be exempt from CEQA.

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01.050     Restrictions.

The Land Development Regulations are not intended to interfere with, abrogate, or annul any easement, covenant or other agreement between parties. Where the Land Development Regulations impose a greater restriction upon the use of buildings or land than is imposed or required by other ordinances, rules, regulations or by easements, covenants or agreements, the provisions of the Land Development Regulations shall control. Unless otherwise specified, the County of Mono is not responsible for enforcing  CC&Rs.

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01.060     Land Use Designations.

For purposes related to the orderly development of the county and in order to carry out the provisions of this General Plan, each and every parcel of land in the unincorporated area of the county has been duly assigned a land use designation, as depicted in the Land Use Maps available online at https://monomammoth.maps.arcgis.com. (See also “Land Use Designations” in Section IV of this Land Use Element.) A “land use designation” is a general category or class of land use activity (e.g., “residential,” “commercial,” or “industrial”) that is permitted to occur on those specific parcels of land in the county that have been duly assigned that particular land use designation by the County pursuant to this Land Use Element. (See definition of “Land Use Designation” set forth in Section 02.705 of these Land Development Regulations.) Except as otherwise expressly provided by these Land Development Regulations, no land may be developed or used except in the manner permitted by its assigned designation, to wit:

1. No building shall be erected and no existing building shall be moved, altered, added to or enlarged, nor shall any land, building or premises be used, designated or intended to be used for any purpose, or in any manner other than that which is included among the uses listed as permitted by the particular land use designation assigned by the County to the parcel of land on which such building or premises is located.
2. No building shall be erected, reconstructed or structurally altered to exceed in height the limit allowed by these regulations for the particular land use designation assigned by the County to the parcel of land on which such building is located, except as provided in Section 04.110 of these Land Development Regulations.
3. No building shall be erected nor shall any existing building be altered, enlarged or rebuilt, nor shall any yard or open space be encroached upon or reduced in any manner, except in conformance to the yard, building site area and building location regulations applicable to the particular land use designation assigned by the County to the parcel of land on which such building, yard, or open space is located, except as provided in Chapter 04 of these Land Development Regulations.
4. No yard or other open space provided about any building for the purpose of complying with provisions of these regulations and this General Plan shall be considered as providing a yard or open space for any other building, and no yard or other open space on one building site shall be considered as providing a yard or open space for any building on any other site.

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01.070     Restriction on Issuance of Permits.

Processing any regulatory permit or land use application, renewal or issuance may be denied if a violation of Mono County regulations exists on the subject property until such time that the violation has been abated or no longer exists. Permits necessary to rectify or abate a violation, as determined by Mono County, are exempt from this restriction.

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